A BILL to amend and reenact section one, article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to gaming and keeping or exhibiting gaming tables, machines or devices; providing for misdemeanor penalties; prohibiting certain gaming devices or machines; prohibiting aiding or abetting a person who keeps or maintains certain gaming devices or machines; prohibiting persons from knowingly allowing certain gaming devices or machines to be kept, maintained or used on the property; creating exceptions; providing for seizure and forfeiture; and establishing felony penalties.

ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.

§61-10-1. Keeping or exhibiting gaming table, machine, or device; misdemeanor penalties; seizure and forfeiture of table, machine, device and money; aiding or abetting; using premises for gaming; felony penalties.

(b) Any person who for hire, gain or reward keeps, maintains or allows the use of a gaming device or machine which confers or accumulates the right to replay games which is exchangeable for money, tokens or other thing of value, other than the privilege of immediate replay, contains a method or device by which the privilege of immediate replay may be canceled or revoked, and in which chance rather than skill primarily determines whether the player wins or loses is guilty of a felony.
(c) No person may aide or abet a person who for hire, gain or reward keeps, maintains or allows the use of a gaming device or machine which confers or accumulates the right to replay games which is exchangeable for money, tokens or other thing of value, other than the privilege of immediate replay, contains a method or device by which the privilege of immediate replay may be canceled or revoked, and in which chance rather than skill primarily determines whether the player wins or loses is guilty of a felony.
(d) Any person who has control or the right of control over premises that are used with that person's knowledge for purposes of keeping, maintaining or allowing the use of a gaming device or machine which confers or accumulates the right to replay games which is exchangeable for money, tokens or other thing of value, other than the privilege of immediate replay, contains a method or device by which the privilege of immediate replay may be canceled or revoked, and in which chance rather than skill primarily determines whether the player wins or loses is guilty of a felony.
(e) Any person convicted of his or her first violation of subsection (b),(c) or (d) of this section shall, in the discretion of the court, either be confined in a county or regional jail or imprisoned in a state correctional facility for not less than one nor more than three years. Any person convicted of second and subsequent violations of subsection (b),(c) or (d) of this section shall, upon conviction, be imprisoned in a state correctional facility for not less than two nor more than ten years.
(f) Any gaming device, other equipment, money or other things of value possessed or used in violation of the provisions of subsection (b),(c) or (d) of this section shall be seized and forfeited to the county in which the seizure was made. Any property so seized which can be used for a lawful purpose may, at the discretion of the court, be used by the county or sold and the proceeds paid into the county treasury. Any property seized which cannot be used for a lawful purpose shall be destroyed. All gaming devices and other equipment seized shall be stored in a manner to protect it from damage and loss until such time as a court of competent jurisdiction shall order its destruction, sale or return. Any item ordered to be returned shall be promptly returned at no cost to the lawful owner.

(g) The provisions of subsections (b),(c),(d) and (e) do not apply to the following:
(1) Playing an amusement device or machine which allows a player to engage in a game which predominantly requires skill rather than chance, confers only an immediate right of replay which is not exchangeable for something of value other than the privilege of immediate replay, and does not contain a method or device by which the privilege of immediate replay may be canceled or revoked;
(2) Pari-mutuel system of wagering upon the results of any horse or dog race as authorized by article twenty-three, chapter nineteen of this code;
(3) The state operated lottery as authorized by article twenty-two, chapter twenty-nine of this code;
(4) Video lottery games as authorized by article twenty-two-a, chapter twenty-nine of this code;
(5) Charitable bingo and raffles as authorized by articles twenty and twenty-one, chapter forty-seven of this code; or
(6) Automatic weighing, measuring, music and vending machines which are so constructed as to give a certain uniform and fair return in value or services for each coin deposited in the machines and in which there is no element of chance.